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HomeMy WebLinkAboutCAO 04-10 Report To Executive Committee PICK-ERIN Report Number: CAO 04-10 2 2 Date: April 12, 2010 From: Andrew Allison City Solicitor Subject: Updated Horse Riding Establishment Licensing By-law File: L-2300-002-10 Recommendations: 1. That Report CAO 04-10 regarding the licensing of horse riding establishments be received; and 2. That By-Law No.5684/00 being the existing Horse Riding Establishment By-law be repealed and a new Horse Riding Establishment By-law, included as Attachment #1, be enacted to reflect updated regulations and housekeeping changes. Executive Summary: As part of the review of all municipal regulatory by-laws, a new Horse Riding Establishment By-law has been created. The proposed new by-law includes amendments considered appropriate based on input received from industry stakeholders, Animal Services staff and the City Solicitor. Financial Implications: Horse riding establishment fees have been adjusted to reflect the costs of administration and enforcement. The annual licence fee is prescribed to assist in funding such costs. The City is not expected to realize any significant additional revenue as a result of the fees set out in this by-law. Sustainability Implications: The City of Pickering is committed to meeting the needs of all its citizens. Reviewing and updating by-laws is one way to continually assess our service delivery and remove barriers where they may exist. Background: The existing Horse Riding Establishment By-law No. 5698/00, enacted on June 5, 2000, was created to ensure safety measures were in place for people who ride horses. Report CAO 04-10 April 12, 2010 Subject: Updated Horse Back Riding Establishment Licensing By-law Page 2 23 On June 29, 2001, the Province passed the Horse Riding Safety Act, 2001. The legislation only applies to people under the age of 18. As part of the Clerk's Office's regulatory by-law review, a thorough review of the current by-law was undertaken to determine if the needs of the public and horse riding establishments were now being met. Interested stakeholders were consulted. The consultation consisted of the following: • On July 16, 2009, current licensees were sent letters requesting them to review the current horse riding establishment by-law and to provide any comments and suggestions they felt would strengthen the current by-law. • On February 24, 2010 current licensees were sent letters with a copy of the proposed horse riding establishment by-law attached. Each recipient was asked to review the proposed by-law and to provide comments. • In addition to the review done by industry stakeholders, the proposed horse riding establishment by-law has been reviewed extensively by Animal Services and the City Solicitor. Horse riding is a dangerous sport regardless of a person's age. Requiring all riders to wear safety helmets can greatly reduce the risks of head injuries and ultimately help save lives. The proposed by-law is more'restrictive than Horse Riding Safety Act, 2001 and states that all riders, regardless of age must where a proper helmet and footwear when riding any horse. The proposed by-law also states that children 12 years or younger must wear a safety vest when jumping over 2 feet. Minor housekeeping changes were also required to ensure that the layout and.format of the by-law met current City standards. As the consultation process is now complete and comments from interested parties have been considered, staff are recommending that the attached Horse Riding Establishment By-law be enacted. I CORP0227-07/01 revised i Report CAO 04-10 April 12, 2010 Subject: Updated Horse Back Riding Establishment Licensing By-law Page 3 24 Attachment: 1. Proposed Horse Riding Establishments By-law. Prepared -By: Approved/Endorsed By: Lindsey Brenner Debbie Shields Supervisor, Animal Services City Clerk An4eA on C ity Solicitor LB:lb Copy: Chief Administrative Officer Recommended for the consideration of Pickering City un ~7 / Th uinn, R M III Chief Administrati Officer CORP0227-07/01 revised ATTACHMENT NO. 1 25 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. /10 A by-law to licence horse riding establishments WHEREAS Section 151 of the Municipal Act, 2001 authorizes the City to provide for a system of licences with respect to any business wholly or partly carried on within the City; and WHEREAS the City deems it necessary to provide for a system of licensing horse riding establishments.. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: PART I - INTERPRETATION Definitions 1. In this by-law, "applicant" means a person who applies for a licence; "City" means The Corporation of the City of Pickering or the geographical area of Pickering, as the context requires; "City Clerk" means the City Clerk or a designate; I4 "Council" means the Council of the City; "head trail guide" means a person who supervises trail rides on horseback; "horse" means any animal of the equine species and includes a pony; "horse riding establishment" means an establishment that provides horses for hire for riding or to be used to provide riding instruction, whether the horses are ridden on the grounds of the establishment or elsewhere; "instructor" means a person who provides horseback riding lessons; "lead line" means a single.horse led by a walking adult holding the horse's lead rope; Horse Riding Establishment Licensing By-law No. XXXX/10 Page 2 26 "licence" means a licence to operate a horse riding establishment issued in accordance. with this by-law; "licensee" means a person to whom a licence has been issued and includes the person having overall control of the establishment and the person in charge of the daily running of the establishment; and "person" includes a corporation and the heirs, executors, administrators or other legal representatives of a person to whom the context can apply according to law. References to Legislation 2. In this by-law, reference to any Act, regulation or by-.law is reference to that Act, regulation or by-law as it is amended or re-enacted from time to time. Word Usage 3. This by-law shall be read with all changes in gender or number as the context may require. 4. A grammatical variation of a word or expression defined has a corresponding meaning. Schedules 5. Schedule "A" (LICENCE FEES) and Schedule "B° (REQUIRED SIGN) are attached to and form part of this by-law. 6. Unless otherwise specified, references in this by-law to Parts, sections and Schedules are references to Parts, sections and Schedules in this by-law. Conflicts 7. If a provision of this by-law conflicts with a provision of any applicable Act, regulation or by-law, the provision that establishes the higher or more restrictive standard to protect the health, safety and welfare of the general public shall prevail. Severability 8. Each section of this by-law is an independent section, and the holding of any section or part of any section of this by-law to be void or ineffective for any reason shall not be deemed to affect the validity of any other section or parts of sections of this by-law. Horse Riding Establishment Licensing By-law No. XXXX/10 Page3 27 PART II - APPLICATIONS Submission of Applications 9. All licence applications shall be completed and submitted on forms provided by the City. 10. Every licence application shall be submitted with the applicable fee set out in Schedule 1. 11. Every applicant shall submit to the City Clerk, (a) where applicable, a copy of proof of ownership, a lease or written permission from the owner or property manager of the property where the horse riding establishment is to be located; (b) a brief outline of the number of horses-and estimated number of lesson participants; (c) a brief outline of how sickness, disease or injuries to horses will be handled at the horse riding establishment; and (d) a brief outline of how falls and potential injuries to lesson participants will be handled at the horse riding establishment. Issuance of Licence 12. The City Clerk may approve or refuse any.licence application, and may impose any conditions upon an approval as he or she determines to be appropriate. 13. In addition to every other requirement imposed by this by-law, every licence is -issued subject to the condition that all federal, provincial and municipal laws, by- laws, rules, regulations, orders, approvals, permits, standards, and all other governmental requirements applicable to the operation of a horse riding establishment must be complied with. Disqualifications 14. The City Clerk shall refuse to issue a licence if, (a) all of the information and documents that the applicant is required to provide under this by-law have not been provided and verified; (b) the licence fee has not been paid; (c) the applicant has submitted false information in support of the application; (d) the issuance of the licence would contravene any of the. provisions of this by-law, any applicable zoning regulations, or any other applicable law; Horse Riding Establishment Licensing By-law No. XXXX/10 Page 4 28 (e) the past conduct of the applicant affords reasonable grounds for the belief that the applicant will not operate a horse riding establishment in accordance with all applicable laws; or (f) the issuance of the licence would be contrary to the public interest. Term 15. Every licence shall expire on December 31St of the year in which it has been issued. Transfer 16. A licence shall not be transferable. Prohibition 17. No person shall own, operate, manage, control or supervise a horse riding establishment without a licence. PART III - REGULATIONS FOR LICENSEES General 18. Every licensee shall ensure that the licence is posted in a conspicuous place in the horse riding establishment to which the licence applies. 19. Every licensee shall ensure that all animal waste materials are disposed of in a manner that will not create a public nuisance or health hazard. 20. Every licensee shall ensure that a fully stocked first-aid kit is maintained and available for use at all times in the horse riding establishment. 21. Every licensee shall ensure that prior to beginning riding lessons or leading a trail ride, the instructor, an assistant'instructor or head trail.guide assigned to the instruction or ride, as the case may be, shall examine the fit and condition of all equipment to be used by each rider to ensure that it is clean, supple, well-fitting, secure and fully functional. 22. (1) No licensee shall, (a) permit more than one person to ride a horse at the same time except for disabled riders with special needs within a designated controlled environment; Horse Riding Establishment Licensing By-law No. XXXX/10 Page 5 29 (b) rent a horse unless that horse is known to be safe, sound and schooled for the purposes intended and appropriately suited to the rider's size and ability; (c) permit any person with less than 6 months riding experience to mount or dismount a horse unless that horse is held at the bridle by an employee or volunteer of the person carrying on the business and who is supervised by a head trail guide or instructor; (d) rent, loan or otherwise allow a person to ride,a sick horse; (e) rent, loan or otherwise allow a person underl~six years of age to ride a , horse without a lead line; th (f) rent, loan or otherwise allow a person 'to ride a;horse under five years of age unless that person is the .owner of that horse;: (g) rent, loan or otherwise allow a person to ride a stallion, unless that person is the owner of that horse; or (h) rent, loan or otherwise allow a personto ride a horse where that person is taking, consuming, posse'ssmg or is, or appears to be, intoxicated by alcohol or drugs. '4 r 23. (1) In this section;.', lame" means an abnormal, movement in the horse when seentian motion or at a stance~that slows signs of compensation. y 5 X (2) No lice see.shall rent, loan or otherwise allow a person to ride a horse that is lame: Il (3) Subs6dtion,(2) does not apply;if:,written documentation from a veterinarian. states that the horse may continue to be ridden. 24. 1 No licensee shall permit any person to ride any horse in the licensed O ti ks ,a establishment unless the person has and is correctly using the following equipment in the manner that it was designed to be used: (a) a t, i that meets current standards for equipment designed and manufactured for use while riding as established by the American Society of Testing and Materials (ASTM), the British Standards Institute (BSI); and (b) properly fitted, hard soled footwear with a heal no less than 1.5 centimetres. (2) No licensee shall permit any person 12 years or younger to jump over 2 feet without wearing a safety vest. Horse Riding Establishment Licensing By-law No. XXXX/10 Page 6 (3) Subsection (1) does not apply to riders participating in horse shows or competitions. 25. Every licensee shall ensure that a sign substantially in the form set out in Schedule "B" is posted in a conspicuous place in the horse riding establishment. Condition of Grounds 26. (1) Subject to subsection (2), every licensee shall keep the portion of the area ordinarily used for the riding of horses clear of all ground and over- hanging obstructions. (2) Where obstructions cannot be cleared, every licensee shall erect barriers such that horses and riders will not come in contact with them. Trail Riding Requirements 27. No licensee who is carrying on the business of trail riding shall conduct trail rides with less than one head trail guide for the first six riders and an. assistant trail guide for every additional six riders. 28. No licensee who is carrying on the business of trail riding shall conduct trail rides without a head trail guide or assistant trail guide carrying, at all times, a two-way communication device where its signal will be received by another head trail guide, or assistant trail guide who is not also on the same trail ride. 29. No licensee who is carrying on the business of trail riding shall rent a horse to a person who is less than ten years old. 30. Every licensee shall ensure that all head trail guides and assistant trail guides must hold a valid first-aid and CPR certificate. 31. Every licensee shall ensure that prior to conducting or leading a trail ride, the head trail guide or an assistant trail guide assigned to the riders, as the case may be, shall provide basic information on the handling of a horse and the basics of riding a horse. Minimum Qualifications 32. No person shall instruct persons in the riding of horses at a riding establishment unless they are at least 16 years old, hold a valid first-aid and CPR certificate, and either, (a) have a least five consecutive years' experience in. riding or training horses; or (b) have been certified by the Canadian Equestrian Federation, Ontario Equestrian Federation, Canadian Therapeutic Riding Association, Certified Horse Riding Establishment Licensing By-law No. XXXX/10 Page 7 31 Horseman's Association or British Horse Society or other credited equine association or institution. 33. No person shall act as a head trail guide at a riding establishment unless they are at least eighteen years old and have a least five consecutive years' experience with horses. 34. No person shall be permitted to assist with horseback riding instruction at a horse riding establishment or act as an assistant trail guide unless they, (a) are at least fourteen years old; (b) have at least three consecutive years' experience riding horses; and (c) are under the supervision of an instructor or head trail guide who meets the qualifications set out in section 31. PART IV - ENFORCEMENT Definition 35. In this Part, "officer" means a municipal law enforcement officer appointed by the City to enforce municipal by-laws. Inspections 36. An officer may, at any reasonable time, enter upon any land for the purpose of carrying out an inspection to determine whether or not the provisions of this by- law have been complied with. 37. For purposes of an inspection, an officer may, (a) require the production for inspection of any document or things relevant to - the inspection; (b) inspect and remove documents or things relevant to the inspection for the purpose of making copies or extracts; (c) require information from any person concerning a matter related to the inspection; and (d) alone or in conjunction with a person possessing special or expert knowledge, make examinations or take tests, samples or photographs necessary for the purposes of the inspection. 38. No person shall withhold, destroy, conceal or refuse to furnish any information or thing required by an officer for purposes of an inspection. Horse Riding Establishment Licensing By-law No. XXXX/10 Page 8 32 39. No person shall prevent, hinder or interfere or attempt to prevent, hinder or interfere with an inspection undertaken by an officer. Suspension of Licence 40. The City Clerk may suspend a licence if the licensee fails to comply with any provision of this by-law and such non-compliance is not remedied within seven (7) days following notice from the City specifying the particulars of the non- compliance. Revocation of Licence 41. The City Clerk may revoke a licence if, (a) the licence has been issued in error; (b) the licence has been suspended in accordance with section 39 and no satisfactory evidence of compliance has been filed with the City within 60 days from the date of the suspension; (c) the licence has been issued as the result of false, mistaken, incorrect, or misleading statements, information or undertakings on the application or on any submitted documents that formed the basis of the issuance; or (d) the licensee requests that the licence be revoked. Offences and Penalties 42. Every person who contravenes any provision of this by-law is guilty of an offence and upon conviction is liable to a fine pursuant to the provisions of the Provincial Offences Act. PART V - GENERAL Short Title 43. This by-law may be referred to as the "Horse Riding Establishment By-law". Repeal 44. By-law No. 5684/00 is repealed. Horse Riding Establishment Licensing By-law No. XXXX/10 Page 9 33 Effective Date 45. This by-law shall come into force on the day of its passing. By-law read a first, second and third time and finally passed this day of April, 2010. David Ryan, Mayor Debbie Shields, City Clerk Horse Riding Establishment Licensing By-law No. XXXX/10 Page 11 35 SCHEDULE "B" REQUIRED SIGN The following regulations are imposed by City of Pickering By-law Number • which governs the operation of this business: Riders are advised that even with safety equipment, horse riding contains inherent risks which may result in serious injury or death. Helmets must be worn by all riders. Lead line riding is permitted for children under 6 years of age. Hard and smooth soled shoes with a defined heel must be worn by all riders. Riders must disclose any medical problem or condition which may cause risk. Inexperienced riders are asked to identify themselves to the instructor/leader.